FOOD INSPECTOR PURI MUNICIPALITY Vs. RAMA GOPAL AGARWALLA

JUDGEMENT

(1.) FOOD Inspector, Puri Municipality, has filed this appeal against an order or acquittal, passed by the learned Sessions Judge, Puri, of the accused-respondent rarna Gopal Agarwalla of a charge under Section 7 (i) read with Section 16 (1) (a)of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as the act), for having sold 750 Grams of Adulterated Harada Dal for a price of 37 paise at Municipal Market, Puri town. The defence of the accused-appellant is that the shop, from which the adulterated Harada Dal is said to have been sold, did not belong to him and that he was only sitting there.

(2.) SUSPECTING adulteration of Harada Dal, which the accused was allegedly selling in his shop, the Food Inspector, Puri Municipality, on 17-7-1962, gave notice under section (a) of the Act intending to purchase sample of, among other food articles, harad Dal for analysis by the Public Analyst. The accused received a copy of the notice Ext. 1 which he signed. The service of the notice was witnessed by P. Ws. 2 and 3. The Cash memo (Ext. 2) shows the sale to the Food Inspector by the accused as salesman. Ext. 3 in printed form is a document purporting to support the fact of the transaction of purchase ana sale of the Harada Dal.

(3.) IN due course the said Harada Dal was examined by the Public Analyst who by his report (Ext. 5) dated June 4, 1963 gave opinion that the sample is adulterated as the colouring matter used is not permitted under the Prevention of Food adulteration Rules. In due course, on 12-9-1963 sanction required under Section 20 (1) of the Act was obtained to prosecute the accused-respondent, and he was prosecuted accordingly. In his defence the accused-respondent denied the allegations against him. The material question put to him in examination under section 342 Criminal Procedure Code and the answer he gave thereto are these: q.--The allegation against you is that on 17-7-1962 the Food Inspector, puri Municipality (P. W. 1) suspected that you were selling for human food adulterated Harada Dal in your shop. The Food Inspector went to your shop and in presence of witnesses issued a notice that he would purchase samples of your Harada Dal from your shop. The Food inspector so purchased 750 grams, of suspected Harada Dal from your shop and paid to you 37 n. p. as the sale price and you issued the cash memo (Ext. 2 ). Have you got anything to say on this? a.--The shop does not belong to me. I was only sitting there".